Coordination of Social Security Schemes
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1 Coordination of Social Security Schemes Social Security Regulations 883/2004 & 987/2009 Unit B4 Free movement of workers and coordination of social security schemes DG Employment, Social Affairs and Equal Opportunities
2 Overview What is Social Security Coordination Basic rules in the individual sectors Future developments External dimension of social security Where to find more information DG Employment, Social Affairs and Equal Opportunities 2
3 What is social security coordination Building bridges between the various social security system to avoid loses of rights in cross border situations (avoiding that people who make use of right of free movement are punished in the field of social security) No harmonisation: MS organize their own social security system 3
4 What is social security coordination Scheme A Scheme B SS scheme based on insurance periods SS scheme based on residence 4
5 Legal basis Article 48 TFEU (ex 42 TEC) Strong legal basis: no problems with principle of subsidiarity Strongest legal instrument: Regulation (directly applicable) (Old Regulations 1408/71 and 574/72) from 1 May 2010: new Regulations 883/2004 (Basic Regulation) and 987/2009 (Implementing Regulation) 5
6 Over 50 years of Social Security Coordination 6 Reg 883/04 Reg 987/09 (Impl. Reg) Consolid Reg Reg 1408/71 Reg 574/72 (Implementing Reg.) Regulations 3 &
7 Key principles of coordination prevention of conflicts of law (determination of single applicable legislation) equality of treatment aggregation of insurance periods assimilation of facts maintenance of acquired rights (export of benefits) 7
8 Matters covered Sickness maternity and paternity benefits Invalidity benefits Old-age benefits Pre-retirement benefits Survivors benefits Accidents at work & Occupational diseases Unemployment benefits Family Benefits Special non-contributory benefits between social security benefits and assistance Social assistance excluded 8
9 Determination of Applicable Legislation Rules to make sure that one SS legislation applies to a person at a time (prevents double or non coverage) Basic principle lex loci labouris special rule for civil servants & armed forces + civilian service non-active persons legislation of the State of residence applies specific rules for: posting & pursuit of activities in 2 or more MS MS can agree on exceptions in the interest of persons concerned DG Employment, Social Affairs and Equal Opportunities 9
10 Applicable legislation work abroad A Legislation Legislation applicable = Member State B B 10
11 Posting aims at avoiding frequent changes in social security situation in the case of short periods of work abroad (further info in Posting guide) Basic conditions: period of posting up to 24 months posted person affiliated to the social scheme of posting State perform work on his/her employer s behalf cannot replace other posted person cerified by Portable document A1 (issued by posting State) 11
12 Posting up to 24 months A Legislation Legislation applicable = Member State A B 12
13 Activities in two or more Member States A person can carry out activities in two or more Member States simultaneously or in alternation Simultaneous activities: the activities have to coincide for a certain period of time (i.e. not intermittent periods of time between the activities). For example: truck drivers working in different MS Alternating activities: work assignments carried out in different Member States during successive periods or in alternation For example, a business representative who for nine months continuously tours a Member State and who for three months a year returns to his Member State of residence to work there. DG Employment, Social Affairs and Equal Opportunities 13
14 Activities in two or more Member States A) The proportion of activity in the Member State of residence has to be substantial for the legislation of residence to apply B) If there is no substantial activity in the Member State of n residence: For how many employers is the person working and where are the employers situated? 14
15 Activities in 2 or more Member States for the same employer A B Legislation applicable = Member State A Only if substantial part of activities in the Member State of residence 15
16 Basic rules - Unemployment Unemployment benefits - essentially intended to replace the remuneration lost because of unemployment In principle provided by the State of last employment (aggregation rule) Can be restricted by a residence clause Possibility of export of unemployment benefit for 3 to 6 months Special regime for cross-border workers 16
17 Export of Unemployment Benefits intention to look for job in MS B after 3-6 months competent MS issues document on export (U2) jobseeker registers with employment services and looks for job (for 3-6 months) 17
18 Special regime for cross-border workers 2 categories, different regime: frontier workers State of residence other than frontier workers right of choice Improvement of new rules supplementary registration 18
19 Frontier workers return unemployment registration with employment services A suplementary step registration with employment services B claim for UB 19
20 Basic rules - Pensions Pension chapter covers old-age, invalidity and survivors pensions Full exportability (including revaluations increases and supplementary allowances) Detailed rules on aggregation of periods and calculations Fair cost-sharing pro rata payment mechanism 20
21 Establishing of a pension -person is entitled to national (independent) pension or to pro-rata pension 10 years 10 years B 20 years A Total career = 40 years -each State calculates theoretical amount based on 40 years MS A ¼ of theoretical amount MS B - ¼ of theoretical amount MS C ½ of theoretical amount C 21
22 Procedures: Contact institution Institution of the place of residence or of the last competent Member State Role: Investigates the claim for benefits Promotes co-operation among institutions Supplies the claimant with information 22
23 Contact Institution A: Member State of residence B, C: Other Member States B AContact Institution C 23
24 Contact Institution A: Member State of residence B, C: other Member States B INFO AContact Institution C 24
25 Basic rules - Family Benefits Family benefits all benefits in kind or in cash intended to meet family expenses Typically rights in more States (2 parents) - process for establishing order of priority for paying family benefits Possibility of direct payment to the person actually mainaining the child 25
26 Priority rules in case of overlapping 2 situations: Benefits provided on a different basis or on the same basis Payable by more than one MS on a different basis: 1) Activity as an employed or self-employed person 2) Pension 3) Residence Payable by more than one MS on the same basis: Generally the place of residence of the children is decisive Priority State pays the full amount of benefits, other State pays differential supplement (top up). 26
27 Priority rules working non-active working A 150 B 100 State B A is primarily competent and pays family benefits State A B provides does top not up pay of 50 as as the the amount is lower is higher than than in State in State A. B. 27
28 Electronic Exchange of Social Security Information EESSI Network 28
29 EESSI I AP AP I I I I I I 29
30 Enhanced Cooperation 30
31 Paper SED - example Source: European Commission, DG Employment, Social Affairs and DG Employment, Social Inclusion Affairs and Equal Opportunities 31
32 Portable documents A document for individuals Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 32
33 What is coordination organisation Decision Making Administrative Commission Audit Board Technical Commission Advisory Committee Approve average costs and accounts Support AC on technical aspects Dialogue with social partners DG Employment, Social Affairs and Equal Opportunities 33
34 Outlook on future work Impact assessment in view of a review of Regulations 883/2004 and 987/2009 (chapters unemployment and long-term care) Reflection on new trends in the social and economic environment 34
35 External dimension of social security coordination Communication on the External Dimension of EU Social Security Coordination (COM(2012)153 final) adopted on 30/03/ Implementation of Association Agreements (Algeria, Israel, Morocco, Tunisia, FYROM, Montenegro, Albania, Turkey, San Marino) + Serbia Equal treatment Export of pensions Reciprocity clause for EU citizens Cooperation and verification 35
36 Article 51 of the Stabilisation and Association Agreement lays down that the Stabilisation and Association Council shall, by decision, put provisions in place to implement the principles on the coordination of social security systems set out in that Article: (a) all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members; (b) any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States; (c) the workers in question shall receive family allowances for the members of their families as defined above. Serbia shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, similar treatment..
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